BREAKING: 9th Circ. Says Trump Can’t Divert Funds For Border Wall
Law360 (June 26, 2020, 12:23 PM EDT) — The Trump administration does not have the authority to transfer $2.5 billion in defense funds to finance the construction of the president’s long-promised border wall, the Ninth Circuit held Friday.
In a 2-1 ruling siding with environmental organizations, the federal appeals court panel said that President Donald Trump’s decision to authorize the transfer of funds earmarked for other purposes by Congress toward the border wall violated the Appropriations Clause, which gives Congress the power to control government spending.
“The Executive Branch lacked independent constitutional authority to authorize the transfer of funds,” Chief Circuit Judge Sidney R. Thomas wrote for the majority….